Election Commission of Bihar: Importance, Role and Duties

Popularly known and addressed as the centre of learning, power and culture in ancient India, Bihar until 1912, in British India was a part of the Bengal Presidency. It was reorganized in 1935, to form another province, now known as the state of Orissa.

The Election Commission of Bihar is authorized to maintain and supervise electoral processes within the Indian state of Bihar. The commission is overseen by the State Election Commissioner. The Secretary also deputized as the Chief Electoral Officer (CEO) for the state is also present. The function of this Commission is to ensure that the electoral events are all completed without any partialities to guarantee the reliability and integrity of the democratic framework of the Indian Subcontinent.

Importance and duties of Election Commission of Bihar

The Commission is empowered with the superintendence, control and direction of electoral procedures for the local government bodies, as stated in the Constitution of India, Article 243K. Passed in the year 1992, Constitutional (73rd Amendment) Act, came into action on April 24, 1993. It provided constitutional authorization to create democracy at the grassroots level. The State Election Commissioner has numerous distinctive and individual powers affecting the election processes to the Local Bodies, which include the following.

The SEC can disqualify any candidate who has not submitted the election accounts, members who may be found guilty of defection and any representative elected but who does not assemble the Grama Sabha.

He has complete powers to supervise local government elections inclusive of all disciplinary powers over election duty staff and he also assigns the reserved posts and constituencies.

SEC chairs the Delimitation Commission. This Commission delimits the local government constituencies.

Role of Sate Election Commission of Bihar

The Election Commission of the State implements the norms and Model Code of Conduct during elections to the local bodies to ensure that the complete process is free and fair, as should be in any democratic setup. Its independence as well as existence becomes a necessity, as the democratic elections fail to escape sabotage. Hence, the Election Commission oversees the actions of candidates and the involved political parties and may take necessary actions in case any violations to rules are noted.

History and formation of Bihar State Election Commission

The establishment of the State Election Commission of Bihar was as per the 73rd Amendment of the Indian Constitution. It is a federal and free body but is supervised by the state government. The creation of the commission was aimed at conduction of elections to Panchayats at varied levels. Its responsibilities and powers are stated in Article 243-K of the Indian Constitution. The Commission is empowered with the superintendence, control and direction of electoral procedures for the three tier Panchayati Raj institutions as well as the State Electoral Laws and System’s urban local bodies.

As stated by the constitutional provisions, election process is conducted in accordance to the laws made by the State Assembly. The major among these are the 1993 Bihar Panchayati Raj Act, 1951 Patna Municipal Corporation Act and the 1922 Bihar Municipal Act. The preparation as well as the revision of electoral rolls, delimitation and reservation of constituencies of the panchayat, and also the conduction of elections to the Panchayati Raj institutions, are issues dealt in accordance to 1995 Bihar Panchayat Elections Rule. Norms of delimitation of the territorial constituencies of Nagar Panchayats as well as Nagar Parishad are dealt under the 2001 Bihar Municipalities Constitution of Territorial Constituencies Rules. Revision as well as preparation of electoral rolls as well as the conduction of Nagar Panchayat and Nagar Parishad elections are done as per the 1953 Bihar Municipal Election and Election petitions Rules. Under the jurisdiction of the 2001 Patna Municipal Corporation constitution of territorial constituencies Rules and 1951 Patna Municipal Corporation preparation of electoral rolls and conduct of elections Rules, is the preparation as well as the revision of electoral rolls, delimitation and reservation of constituencies of the territorial constituencies of Nagar Nigam, and also the conduction of elections to the Nagar Nigams in the state.

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